Christian v. State

I concur with the opinion of the majority of the Court with the exception of the dicta included therein regarding “asportation”. Under the law of this State, “asportation” is not a required element of the offense of unlawfully carrying a weapon and momentary possession is not a statutory defense to prosecution under V.T.C.A., Penal Code, Section 46.02.

The current penal code provides that “[a] person commits an offense if he intentionally, knowingly, or recklessly carries on or about his person a handgun, illegal knife, or club.” Section 46.02, supra. Article 483 of the old penal code, the…